æ Metro Metropolitan Transportation Authority One Gateway Plaza 213.922.2000 Tel Los Angeles, CA 90012-2952 metro. net 38 BOARD OF DIRECTORS July 27, 2006 SUBJECT: PUBLIC HEARING RE: RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PARCEL WE-616 FOR THE METRO EXPOSITION LIGHT RAIL PROJECT ACTION: ADOPT RESOLUTION OF NECESSITY RECOMMENDATION A. Hold a public hearing on the proposed resolution of necessity. B. Adopt the attached Resolution of Necessity authorizing the commencement of an eminent domain action to acquire fee simple title to Parcel WE-6 1 6. RATIONALE Acquisition of Parcel WE-616 is required in connection with the construction and operation of the Metro Exposition Light Rail Project ("Project") for the widening of the north side Jefferson Boulevard at LaCienega. The Metro Board adopted the Draft Environmental Impact Statement/Report for light rail transit and an alignent from downtown Los Angeles to Culver City as the Locally Preferred Alternative (LP A) for the Exposition Corrdor in 2001. The Final Environmental Impact Statement/Report (FEIS/R) was prepared and released in 2005. Preliminary Engineering Design (PE Design) commenced in 2003 and accompanied the preparation of the FEIS/R. Both the FEIS/R and the PE Design were completed by the issuance of the Record of Decision (ROD) from the Federal Transit Administration in February 2006. A written offer was presented to the owners of record, as required by California Governent Code Section 7267.2. Because the Property is needed to proceed with construction of the Project and the widening of Jefferson Boulevard at La Cienega, staff recommends the acquisition of the Property through eminent domain. In accordance with the provisions of the California Eminent Domain law and Sections 30503, 30600 and 130220.5 of the California Public Utilities Code (which authorize the LACMTA to acquire property by eminent domain), the LACMT A has prepared and mailed notice of this hearing to the owners of record, each tenant occupying the Property and the Clerk of the City of Los Angeles, informing them of their right to appear at this hearing and be heard on the following issues: (1) Whether the public interest and necessity require the proposed Project; (2) Whether the proposed Project is planned and located in the manner that wil be most compatible with the greatest public good and the least private injury; (3) Whether Parcel WE-616 is necessary for the proposed Project; and (4) Whether an offer was made in compliance with Governent Code Section 7267.2. After all of the testimony and other evidence have been received by the LACMT A from all interested parties, the LACMT A must determine whether to o N o
Transcript
æ MetroMetropolitan Transportation Authority One Gateway Plaza 213.922.2000 Tel
Los Angeles, CA 90012-2952 metro. net38
BOARD OF DIRECTORSJuly 27, 2006
SUBJECT: PUBLIC HEARING RE: RESOLUTION OF NECESSITY FOR THEACQUISITION OF PARCEL WE-616 FOR THE METRO EXPOSITIONLIGHT RAIL PROJECT
ACTION: ADOPT RESOLUTION OF NECESSITY
RECOMMENDATION
A. Hold a public hearing on the proposed resolution of necessity.
B. Adopt the attached Resolution of Necessity authorizing the commencement of an eminentdomain action to acquire fee simple title to Parcel WE-6 1 6.
RATIONALE
Acquisition of Parcel WE-616 is required in connection with the construction and operation ofthe Metro Exposition Light Rail Project ("Project") for the widening of the north side JeffersonBoulevard at LaCienega. The Metro Board adopted the Draft Environmental ImpactStatement/Report for light rail transit and an alignent from downtown Los Angeles to CulverCity as the Locally Preferred Alternative (LP A) for the Exposition Corrdor in 2001. The FinalEnvironmental Impact Statement/Report (FEIS/R) was prepared and released in 2005.Preliminary Engineering Design (PE Design) commenced in 2003 and accompanied thepreparation of the FEIS/R. Both the FEIS/R and the PE Design were completed by the issuanceof the Record of Decision (ROD) from the Federal Transit Administration in February 2006. Awritten offer was presented to the owners of record, as required by California Governent CodeSection 7267.2. Because the Property is needed to proceed with construction of the Project andthe widening of Jefferson Boulevard at La Cienega, staff recommends the acquisition of theProperty through eminent domain.
In accordance with the provisions of the California Eminent Domain law and Sections 30503,30600 and 130220.5 of the California Public Utilities Code (which authorize the LACMTA toacquire property by eminent domain), the LACMT A has prepared and mailed notice of thishearing to the owners of record, each tenant occupying the Property and the Clerk of the City ofLos Angeles, informing them of their right to appear at this hearing and be heard on thefollowing issues: (1) Whether the public interest and necessity require the proposed Project; (2)Whether the proposed Project is planned and located in the manner that wil be most compatiblewith the greatest public good and the least private injury; (3) Whether Parcel WE-616 isnecessary for the proposed Project; and (4) Whether an offer was made in compliance withGovernent Code Section 7267.2. After all of the testimony and other evidence have beenreceived by the LACMT A from all interested parties, the LACMT A must determine whether to
oNo
adopt the proposed resolution of nt,cessity to acquire Parcel WE-616 by eminent domain. Inorder to adopt the resolution, the LACMT A must, based upon all the evidence before it, find anddetermine that the conditions stated above exist Attached is evidence (Attachment 1) submittedby staff that supports adoption of the attached Resolution that has been approved by counsel, andwhich sets forth the required findings.
FINANCIAL IMPACT
Funds to acquire the fee simple interests to Parcel WE-616 are included in the approved MetroExposition Light Rail Project Budget, and are available to proceed with this acquisition.
ALTERNATIVE CONSIDERED
The Board has the option to withhold adoption of the Resolution of Necessity. This would resultin an additional delay in obtaining possession of the required property, and thereby potentiallycause delays and increased cost to the Project.
ATTACHMENTSAttachment 1 - Staff ReportAttachment 2 - Resolution of Necessity
y: Velma C, MarshallDirector of Real Estate
Roger olierecutive Officer
Property Management and Development
Ro::~Chief Executive Offcer
!'
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Attachment 1
STAFF'S REPORT REGARING THE NECESSITY FOR THE ACQUISITION OFPARCEL WE-616 FOR THE METRO EXPOSITION LIGHT RAL PROJECT.
BACKGROUND
Parcel WE-616 is required in connection with the construction and operation of the MetroExposition Light Rail Project ("Project"). The parcel number, address, and record owner (asindicated by title report issued by Orange Coast Title Company), and nature of the propertyinterest sought to be acquired (based upon the Final Environmental Impact Study/EnvironmentalImpact Report (FEIS/R) for the Metro Exposition Light Rail Project), is listed below:
Parcel Parcel Address Owner Interest SoughtNumberWE-616 3351 La Cienega Blvd Mauricio Pier, President Fee Simple
5633 - 5717 W. La Cienega Jefferson, LLC, aJefferson Boulevard California Limited Liability
Companv
The property contains approximately 34,458 square feet of land and is improved with fourbuildings containing approximately 19,676 square feet. The property is occupied by thefollowing tenants: Clear Channel Outdoor, Vista Media, Batz Auto Upholstery (Miguel Batz),Rick & Son Automotive (Richard Greenwood), Peter Thomashevski Architects (PeterThomashevski), Limey Wood Shop (Jeff Titmass), Jefferson Recycling (Al Diament) andClassbenz.com (Mauricio Pier).
The written offer to acquire the fee simple interest to Parcel WE-616 was made to the propertyowner on June 7, 2006. The offer was rejected and the owner's opinion of the value of theproperty is substantially higher than the approved just compensation established by LACMTA.An acceptable settlement could not be reached with the owner of Parcel WE-616. Offers werealso made to the owner and to each tenant to acquire the fixtures and equipment that was notconsidered moveable or realty.
Following is an analysis as to why the attached Resolutions of Necessity should be adopted.Additional information justifying the adoption of the Resolution is contained in the FEIS/Reportadopted by LACMTA on December 15, 2005 and the other environmental documents andanalysis referenced therein.
The LACMTA Board voted to certify the Mid-City Exposition Light Rail Transit Project FEIS/Rin December 2005. The Board adopted a modified Locally Preferred Alternative (LPA) with arail route from ih and Metro Center, via a connection along Flower Street in Downtown LosAngeles, to the Washington/National intersection in Culver City. The modified LPAincorporated the north side widening of Jefferson Boulevard west of La Cienega Boulevard.Prior to adoption by the Board, the FEIS/R was circulated and reviewed by interested and
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concerned parties, including private citizens, ':ommunity groups, the business community,elected officials and public agencies. Public hearings were held to solicit citizen and agencycomments.
The Mid-CitylExposition Light Rail Project runs from the 7th Street/Metro Center Station inDowntown Los Angeles to National/Washington Station in Culver City, covering a distance ofapproximately 10 miles. The alignment initially uses the existing Metro Blue Line tract facilitiesfrom the ih Street/Metro Center along the eastside of Flower Street to Exposition. Thealignment then follows the existing Exposition railroad right of way to Culver City. Elevenstations are included in the Project. Three stations wil be shared with the Metro Blue Line andeight new stations wil be constructed. Stations locations include the following: ihStreet/Metro Center (existing), Pico (existing) Grand (existing, USC/Exposition Park, Vermont,Western, Crenshaw, La Brea, La Cienega and National/Washington
In order to construct the grade separation at La Cienega Boulevard, Jefferson Boulevard wouldneed to be widened to maintain an adequate number of traffic lanes. Parcel WE-616 is requiredfor the widening of Jefferson Boulevard to the north.
The property included in this action is required for the construction and operation of the Mid-City/Exposition Light Rail Project and the widening of Jefferson Boulevard.
A. The public interest and necessity require the Project.
The Mid-City /Westside Study area encompasses over 100 square miles and extends forapproximately 18 miles from Downtown Los Angeles to the Pacific Ocean. It is bounded on thenorth by the Santa Monica Mountains and on the south by the Baldwin Hils
(Slauson/Manchester Boulevards). The Study area included the Westside portions of the City ofLos Angeles as well as the cities of Santa Monica, Beverly Hils, West Hollywood and CulverCity. The Los Angeles communities of Hollywood, Westwood, West Los Angeles, Marina delRey and South Los Angeles are also in the Study area. Performance Indicators ilustrate thattravel conditions on the Westside wil worsen by 2020 and the area wil not meet regionalobjectives for mobility, accessibility, reliability, or safety without the implementation ofadditional transportation improvements.
1. Average travel time (mobility indicator) to work wil increase by 26 percent over 1990conditions to 29 minutes and wil exceed the regional objectives of 22 minutes by 32 percent.Average travel speeds on all parts of the highway network (arterials and freeways) wil decline to22.6 mph, 32 percent below the regional objective. Approximately, 40 percent of travel in peakhours wil be wasted due to delay.
2. The percentage of job opportunities within 25 minutes of employees' homes (accessibility
indicator) wil improve in the sub region due to the high employment growth, but 39 percent ofthe workers on the Westside wil have to travel more than 25 minutes to work, compared to theregional objectives of 22 minutes.
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3. The continued implementation of reduced emission vehicles (environmental indicators)
wil reduce the amount of reactive organic gases produced on the Westside, but the reliability ofthe transportation system wil decline.
4. A commuter's probability of arriving at a destination on time (reliability indicator) wildecrease to 74 percent if riding transit and to 52 percent if traveling by car ilustrating howunpredictable travel wil become as increased congestion wil cause the sub region to exceed theregional safety objective.
It is recommended that based upon the above evidence that the LACMT A Board find anddetermine that the public interest and necessity require the Project.
B. The proposed Project is planned and located in the manner that wil be the mostcompatible with the greatest public good anc)east private injury.
In 1991, LACMTA (through its predecessor agency) acquired railroad right of way (ROW)throughout the Los Angeles Area. The majority of the Project wil be built in the existing Right ofWay. Most of the private property acquisitions wil be partial takes rather than full takes and aneffort wil be made to limit displacements of individuals or businesses. For all of the propertyacquisitions, relocation assistance and compensation wil be provided by LACMT A ads required byfederal and state law.
It is recommended that based upon the above evidence, that the LACMT A Board find anddetermine that the Project is planned and located in the manner that wil be most compatible withthe greatest public good and the least private injury.
C. The interest in the subject property is necessary for the proposed Project.
In order to construct the Light Rail Transit grade separation at La Cienega Boulevard, JeffersonBoulevard would need to be widened to the North to maintain an adequate number of trafficlanes. The fee simple interest in Parcel V/E-616 is required in order to provide the land necessaryto complete the street widening.
Parcel WE-616 is legally described in the attached Exhibit "A" and is generally depicted in theparcel plat map attached hereto as Exhibit liB", all of which are incorporated herein by thisreference.
It is recommended that based upon evidence, LACMT A Board find that the acquisition of ParcelWE-616 is necessary.
D. An offer was made in compliance with Government Code Section 7267.2
California Code of Civil Procedures Section 1245.230 requires that a Resolution of Necessitycontain a declaration that the governing body has found and determined that either the offerrequired by Section 7267.2 of the California Government Code has been made to the owner(s) of
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record, or the offer has not been made because the owner(s) cannot be located with reasonablediligence.
California Government Code Section 7267.2 requires that an offer be made to the owner(s) ofrecord, in an amount which the agency believes to be just compensation. The amount must notbe less than the agency's approved appraisal of the fair market value of the property. In addition,the agency is required to provide the owner(s) with a written statement of, and summary of thebasis for, the amount it established as just compensation.
LACMT A staff has taken the following actions as required by California law for the acquisitionof Parcel WE-616:
1. Obtained independent appraisals of the fair market value of the real estate andimprovements pertaining to realty in and to Parcel WE-616.
2. Reviewed and approved the appraisals, and established the amount of just compensationfor the property.
3. Determined the owner of the subject property by examining the county assessor's recordsand title reports, and
4. Made a written offer to the owner(s) of WE-.::16 for the established amount of justcompensation, which was not less than the approved appraisal amount.
It is recommended that based upon the above evidence, that the LACMT A Board find that an offerhas been made to the applicable property owner( s) in compliance with Government Code Section7267.2, and that the acquisition of the above mentioned Property is necessary.
ATTACHMENTS
1 - Legal Description (Exhibits "A")2 - Plat Map (Exhibits "B")3 - Resolution of Necessity for WE-616
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RESOLUTION OF THELOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR THE METROEXPOSITION LIGHT RAIL PROJECT
(MTA PARCEL WE-616)
THE iOS ANGELES COUNTY METROPOLITAN TRANSPORTATIONAUTHORITY HEREBY FINDS, DETERMINES, AND RESOLVES AS FOllOWS:
Section 1.
The Los Angeles County Metropolitan Transportation Authority ("MT A") is a publicentity organized and existing pursuant to Chapter 2 of Division 12 of the California PublicUtilities Code (commencing with Section 130050).
Section 2.
The property interests described hereinafter are to be taken for public use, namely,for public transportation purposes and all uses necessary, incidental or convenientthereto, in connection with the development, construction, operation and maintenance ofthe Metro Exposition Light Rail Project ("Project") and the widening of JeffersonBoulevard;
Section 3.
The MTA is authorized to acquire the property interests described hereinafterpursuant to the following:
a. Article i, Section 19 of the Constitution of the State of California;
b. California Public Utilties Code, Division 10, Part 3 (Sections 30000-33020, inclusive), and Sections 30503 and 30600 in particular;
c. California Public Utilities Code, Division 12 (Sections 130000-130730,inclusive), and Section 130220.5 in particular; and
d. California Code of Civil Procedure Sections 1240.010-1273.050,
inclusive.
Section 4.
The property to be acquired is lo;~ated in the City of Los Angeles, and is moreparticularly identified as follows:
a. The fee simple title in and to Parcel No. WE-616, containingapproximately 34,458 square feet consisting of a full propertyacquisition.
Parcel WE-616 is described more specifically in Exhibit "A", attached hereto, andis generally depicted in the Parcel Plat Map attached hereto as Exhibit "B", both of whichare incorporated herein by this reference.
Section 5.
(a) The environmental impacts of the Project were evaluated in the Mid-CityExposition Light Rail Project Final Environmental Impact Report ("FEIR") and the Mid-CityExposition Light Rail Transit Project Final Environmental Impact Study (IFEIS") for thisProject; and
(b) The Los Angeles County Metropolitan Transportation Authority hasreviewed and considered the Mid-City Exposition Light Rail Transit Project FEIR andFEIS, before and as part of the process of determining whether to acquire the above-referenced properties.
Section 6.
The Los Angeles County Metropolitan Transportation Authority hereby declaresthat it has found and determined each of the following:
(a) The public interest and necessity require the Project;
(b) The Project is planned or located in the manner which will be mostcompatible with the greatest public good and the least private injury;
(c) The property sought to be acquired, which has been described herein, isnecessary for the Project; and
(d) The offer required by Section 7267.2 of the Government Code has beenmade to the owner of record.
Section 7.
Legal counsel is hereby authorized and directed to take all steps necessary tocommence legal proceedings, in a court of competent jurisdiction, to acquire theproperty described above, by eminent domain. Counsel is also authorized to seek andobtain an Order of Immediate Possession of said property in accordance with theprovisions of the eminent domain law and to deposit the total sum of probable justcompensation fixed by the Superior Court in its order determining and establishingsecurity for said immediate possession with the Clerk of said Superior Court inconnection therewith.
Counsel is further authorized, pursuant to Section 30258 of the Public UtilitiesCode, to associate with, at its election, a private law firm for the preparation andprosecution of said proceedings.
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I, MICHELLE JACKSON, Secretary of the Metropolitan Transportation Authority,do hereby certify that the foregoing Resolution was duly and regularly adopted by theMetropolitan Transportation Authority at a meeting held on the 27th day ofJuly, 2006.
MICHELLE JACKSONMT A Secretary
Date:
APPROVED AS TO FORM:Raymond G. Fortner, Jr.County Counsel
BY:
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Exhibit "A"
THE NORTHERLY53.18 FEET OF THE SOUTHERLY 80.18 FEET OF THE WES1ERLY 660 FEET OF TH EASTERLY680 FEET OF LOT 29 IN THE SUBDIVISION OF THE SOUTHERN PORTION OF THE RACHO RICON DE LOSBUEVE, IN THE CITY OF LOS ANGELES, COUNY OF LOS ANGELES, STATE OF CALIFORNA, AS PER MAPRECORDED IN BOOK 53 PAGE 25, OF MISCELLANOUS RECORDS, IN THE OFFCE OF THE COUNY RECORDEROF SAI COUNY, SAI NORTHERLY 53.18 FET AN SAI SOUTHERLY 80.18 FEET BEING MEASURD ALONGTHE EASTEY LIN OF SAI LOT.
EXCEPT THEREFROM THE EASTERLY 20 FEET THEREOF.
ALSO EXCEPT THAT PORTION OF SAID LAN INCLUDED WITHIN THE FOLLOWING DESCRIBED LIN:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE WETEY LIN OF LACIENEGA BOULVAR, 100 FEET WIDE "FORMRLY JEFFRSON BOULVAR", AS SHOWN ON TH MAP OFTRACT NO. 14457, RECORDED IN BOOK 309 PAGES 25 TO 27 INCLUSIVE OF MAPS, RECORDS OF SAI COUNY,WITH THE NORTHERLY LIN OF THAT CERTAI STRI OF LAN 100 FEET WIDE, AS DESCRIBED IN DEEDS TOTHE LOS ANGELES AN INDEPENDENCE RAILROAD COMPANY RECORDED IN BOOK 47 PAGE 152 AN INBOOK 53 PAGE 522, BOTH OF DEEDS, IN THE OFFCE OF THE COUNY RECORDER OF SAI COUNY; THENCENORTHERLY ALONG SAI PROLONGATION, A DISTANCE OF 27.00 FEET TO THE TRUE POIN OF BEGING;THENCE WE1ERLY PARALLEL WITH THE SOUTHERLY LIN OF SAI LOT, A DISTANCE OF66I.47 FET, MOREOR LESS, TO TH WES1ERL Y LIN OF TH EASTERLY 680.00 FEET OF SAI LOT 29; THENCE NORTHRLYALONG SAI WETERLY LIN, A DISTA.CE OF ONE FOOT TO A LIN THAT IS PARLEL WITH AN DISTAN28.00 FEET NORTHERLY, MEASURD AT RIGHT ANGLES, FROM SAI SOUTHERLY LIN; THENCE EASTERLYALONG SAID LAST MENTIONED PARALLEL LIN, A DISTANCE OF 418.27 FEET; THENCE SOUTY AT RIGHTANGLES, A DISTANCE OF 0.60 FEET; THENCE EASTEY PAREL WITH SAI SOUTHERLY LIN, ADISTANCE OF 129.20 FEET; THENCE NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 0.60 FEET TO A LINTHAT is PARALL WITH AN DISTAN 28.00 FEET NORTHERLY, MEASURD AT RIGHT ANGLE, FROM SAISOUTHERLY LIN; THENCEEASTERL Y ALONG SAI LAST MENTIONED PARALEL LIN TO THE BEGINNGOF A TANGENT CURVE CONCAVE NORTHWTEY AND HAVING A RADIUS OF 8.50 FEET, AN BEING. TANGENT AT ITS POIN OF ENDING TO SAI NORTHERLY PROLONGATION; THENCE NORTHEAS1ERLYALONG SAI CURVE TO ITS POINT OF ENDING; THNCE SOUTHERLY ALONG SAI PROLONGATION TO THETRUE POIN OF BEGING. .
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LOS ANGELES COUNTYMETROPOLITAN TRANSPORTATION AUTHORITY
MID-CITY / EXPOSITION LRT PROJECTPROVED BY:
,h. .dolo shwn on ~I ore bos.d on 0 fi.~ ...v.y ~repo.d byPsoms dot.d Ju 2003 - F.b. 2006. Bearltgs en distance. or.bosed on Coiforni Cooifnot. Sy.l.m 83 Zone 5 coordinot.sobtoid from Colfornio H.P.C.H.
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NO. DATE
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REVISON OESCRIPTION
.. GRANTOR: lA ClNEGA .ÆFERSO LLC, A CN.FORNlA lllTED tlN3ll1TY COMP,I
DESCRIPTIO: THE NORTHERLY 53.18 fEE OF THE SOUTHERLY 80.18 f£E OF THE WESTERlY 66 FET OF
THE EASTERLY 680 f£E Of lOT 29, MR 5312, IN THE CITY Of LOS N-GElES, CO~TY OF
The data sIwn an ~lal are based an a riel~ survey ~repared byPsams doled Ju 2003 - Feb. 200. Bearings an elslances arebased an Calforni Coróint. System 83 Zon 5 caaráritesoblained Irom Coforni H.P.G.N.
